§ 911.14. Planned development district.

(1)

Purpose and intent. The planned development district is established to implement the policies of the comprehensive plan. The purpose and intent of the Planned Development district are as follows:

[a]

To provide for planned residential communities, containing a variety of building arrangements, planned commercial and tourist commercial centers, planned industrial parks, planned public and quasi-public facilities, or planned multiple use centers which include a diversity of residential, commercial, industrial and public uses that are complementary and compatible with adjacent areas and developed in accordance with an approved development plan.

[b]

To allow diversification of uses, structures, and open spaces in a manner compatible with existing and permitted land uses on abutting properties.

[c]

To reduce energy costs through a more efficient use of land design and smaller networks of utilities and streets than is possible through application of other zoning districts and subdivision requirements.

[d]

To ensure that development will occur according to the limitations of use, design, density, coverage and phasing stipulated on an approved development plan.

[e]

To preserve the natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional open areas.

[f]

To encourage an increase in the amount and use of open space areas by permitting a more economical and concentrated use of building areas than would be possible through conventional zoning districts.

[g]

To provide maximum opportunity for application of innovative concepts of site planning in the creation of aesthetically pleasing living, shopping and working environments on properties of adequate size, shape and location.

[h]

To provide an incentive for the development of housing units affordable to households with low and moderate incomes.

The PD district is a flexible zoning district which is intended to provide an appropriate balance between the intensity of development and the adequacy of support services and facilities.

(2)

Uses.

(a)

Any uses not otherwise prohibited in this chapter shall be considered permitted uses subject to the land development regulations and comprehensive plan of Indian River County and subject to the following restrictions:

1.

Residential communities shall be permitted on property with the following land use designations on the future land use map: M-2, M-1, L-2, L-1, C-2, C-3, R, AG-1, AG-2 and AG-3. All planned development (PD) projects approved in any area designated as AG, Agriculture, on the future land use map shall meet the following criteria:

(i)

The density of the project shall not exceed the maximum density of the AG land use designation; no density transfers from off-site lands and no density bonuses shall be permitted within PD projects in AG designated lands;

(ii)

Lots created through the PD process shall not be less than one (1) acre in size, with the remainder of the area designated as open space. Such open space shall be provided in contiguous areas established through an open space, recreation, conversation and/or agricultural preservation easement(s) or similar instrument acceptable to the county attorney. Open space areas shall be placed under the control of an appropriate entity and maintained in perpetuity. Through deed restrictions or a similar instrument acceptable to the county attorney, infill development of open space areas that increases overall project residential density shall be prohibited. The deed restrictions or similar instrument shall be structured to give the county the right to enforce the prohibition of residential density increase.

(iii)

Applicants shall identify Best Management Practices (BMPs) for stormwater management systems and uses/facilities within the project for which generally recognized BMPs have been established (e.g. agricultural uses, golf courses). BMPs shall address construction, maintenance, and operation. Applicants shall also identify the agency or organization that will certify the project design and operations as meeting BMPs, and shall identify the certification process. Project construction, maintenance, and operations shall comply with the BMPs identified in the approved PD plan in accordance with regulations that govern PD modifications.

(iv)

All recreational amenities within the project shall be depicted on the PD plan and identified as required improvements. Recreational uses, such as vehicle or watercraft racing, that could constitute a nuisance to adjacent properties, shall not be permitted.

Complementary and compatible agriculturally-related commercial and industrial uses may be included provided they occupy no more than ten (10) percent of the total project gross area.

2.

Commercial centers shall be permitted on property with the following land use designations on the future land use map: Commercial/industrial, regional commercial, and public.

3.

Industrial centers shall be permitted on property with the following land use designation on the future land use map: commercial/industrial node and public.

4.

Public and quasi-public centers shall be permitted on property with the following land use designations on the future land use map: Public, any commercial/industrial designation.

5.

Multiple use centers may be permitted on property with the following land use designations on the future land use map: All Commercial and Industrial Nodes. Parcels with more than one land use designation may be developed in accordance with the overall land use designation and corresponding acreage.

(3)

Density.

(a)

The maximum density of residential communities shall be established by the density of the underlying land use designation.

(b)

Residential communities within commercial or industrial land uses shall have a maximum density of eight (8) dwelling units per acre.

(c)

No residential community shall exceed the maximum permitted density as stated in (a) or (b) above unless a density bonus meeting the provisions of section 911.14(4) is approved as part of planned development.

(4)

Density bonus.

(a)

Affordable housing. Residential developments may receive a density bonus not to exceed twenty (20) percent of the density permitted by the applicable zoning district.

1.

For the purpose of this section, an affordable dwelling unit shall be a dwelling unit which:

a.

Has a market value less than two and one-half (2½) times the county's annual median household income for Indian River County as established by the Florida Housing Finance Corporation; or

b.

Has a monthly rent less than one-twelfth ( 1/12 ) times thirty (30) percent of eighty (80) percent of the county's annual median household income for Indian River County as established by the Florida Housing Finance Corporation.

2.

Affordable dwelling units provided in compliance with this section, regardless of whether or not the affordable dwelling units are part of a planned development project, shall comply with the following requirements:

a.

The affordable dwelling unit shall remain available as an affordable dwelling unit for the following periods:

i.

Owner-occupied units shall remain affordable dwelling units for a period of not less than twenty (20) years commencing on the first day following the issuance of a certificate of occupancy, or equivalent final building inspection, for the unit.

ii.

Renter-occupied units shall remain affordable dwelling units for a period of not less than fifteen (15) years commencing on the first day following the issuance of a certificate of occupancy, or equivalent final building inspection, for the unit;

b.

Initial occupancy of an owner-occupied affordable dwelling unit shall be by a household classified as very low-income, low-income or moderate-income whereby the classification is verified by the Indian River County Community Development Department or an agency, either public or private, designated by the community development department or by any state or federal public agencies.

c.

Households occupying an affordable housing rental unit shall be classified as very low, low, or moderate-income households whereby the classification is verified by the Indian River County Community Development Department, or its designee or by any state or federal public agency, prior to the household's occupancy of the unit. While occupying the affordable housing rental unit, a household's annual adjusted gross income may increase to an amount not to exceed one hundred forty (140) percent of one hundred twenty (120) percent of the county's median household income adjusted for household size.

d.

With respect to owner-occupied affordable dwelling units provided under the provisions of the section:

i.

The owner-occupant's household annual adjusted gross median income may increase without limit following the household's purchase of the affordable dwelling unit; and

ii.

Resale of an affordable dwelling unit by the initial owner or any subsequent owner shall be subject to one (1) of the following provisions:

a.

If the purchasing household is not verified to be either a very low, or low income household, then the selling household shall be subject to providing a cash payment of the original loan amount and applicable interest, to the Indian River County Local Housing Assistance Trust Fund.

b.

If the purchasing household is verified to be either a very low, or low income household, then the selling household shall not be required to provide any payment.

e.

For projects utilizing the provision of on-site or off-site affordable dwelling units, no certificate for occupancy for a market rate priced dwelling unit shall be issued unless the ratio of market rate dwelling units certified for occupancy to affordable dwelling units certified for occupancy is equal to or greater than the overall project's approved ratio of market rate dwelling units to affordable dwelling units.

f.

Prior to the issuance of a certificate of occupancy for the affordable dwelling unit(s), a separate private deed covenant, entitled a "restriction on transfer," shall be filed in the public records of Indian River County. The covenant shall be subject to review and approval by county staff in order to verify compliance with the requirements of this section, and the covenant shall:

i.

Identify the subject unit as an affordable dwelling unit and specify that at no time may the identified unit be utilized as a model home, construction office or other non-residential occupancy use; and

ii.

Identify the units corresponding fifteen- or twenty-year affordability timeframe; and

iii.

Identify that the initial owner and each subsequent owner of an owner-occupied affordable dwelling unit must satisfy and comply with the re-sale provision of the county's local housing assistance plan; and

iv.

Identify the Board of County Commissioners of Indian River County or its community development department or as its designee, as the agency with enforcement and verification authority to enforce the terms of the covenant, and as the contact agency for closing agents to obtain estoppel letters; and

v.

Identify any additional terms or conditions relating to the provision of the affordable dwelling unit as established by the Board of County Commissioners via its review and approval of the corresponding planned development approval.

vi.

Specify that monitoring the occupancy of the affordable dwelling unit shall be included in the compliance monitoring activities of the county's local housing assistance program, or a suitable substitute determined by the Indian River County Board of County Commissioners.

vii.

Specify that no provision of the restrictive covenant may be amended without the consent of the Board of County Commissioners of Indian River County.

3.

An applicant may obtain a development density bonus for a planned development project in compliance with one (1) of the following options:

a.

An applicant may obtain a density bonus by providing affordable dwelling units within the residential development project which will utilize the density bonus. For development projects utilizing the on-site affordable dwelling unit density bonus, the affordable housing density bonus shall be determined as indicated in the following table:

Very Low Income (VLI) and Low Income (LI) Affordable Units as Percentage of Project's Total Units	Density Bonus (Percent increase in allowable units).	Additional Density Bonus for Providing Additional Buffer and Landscaping based on one of the following options (percent increase in allowable units)		Range of Possible Density Bonus Percentage (Percent increase in allowable units)
		Option I	Option II
		Material equal to a 15′ wide Type C buffer* with 6′ opaque feature along residential district boundaries and 4' opaque feature along roadways	Material equal to a 25′ wide Type B buffer* with 6′ opaque feature along residential district boundaries and 4′ opaque feature along roadways
More than 30%	10%	5% or	10%	10—20%

 

*Buffer types are identified in chapter 926 of the county's Land Development Regulations

b.

An applicant may obtain a density bonus by providing affordable dwelling units off-site from the residential development project which will utilize the density bonus. For development projects utilizing the off-site affordable dwelling unit density bonus, the affordable housing density bonus shall be determined as follows:

The percentage of density bonus shall be one-half (½) of the applicable density bonus as determined for on-site affordable housing projects as provided in the above table.

(5)

Projects consisting of non-contiguous properties. A PD zoning district project may include non-contiguous properties as long as each property is included within the PD district associated with the project, or regulated by recorded restrictions in favor of the county if lying within a municipality.

(6)

Approval procedure and other requirements. All planned developments shall be reviewed consistent with the requirements of chapter 915, planned development.

(Ord. No. 90-16, § 1, 9-11-90; Ord. No. 93-29, § 4E, 9-7-93; Ord. No. 98-9, §§ 5, 9, 5-19-98; Ord. No. 2007-030, § 1, 10-9-07; Ord. No. 2012-016, §§ 10, 11, 7-10-12)